China’s first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period?
Mark Cohen （柯恒）
Mark Allen Cohen (柯恒) is currently the Senior Technology Fellow at the Asia Society of Northern California and an Edison Fellow at the University of Akron School of Law. He also serves as a Non-Resident Scholar at the University of California Haas School of Business and University of California, San Diego, and the National Bureau of Asian Research. He previously served as the first Intellectual Property Attaché at the U.S. Embassy in Beijing and as Attorney-Advisor in the Office of International Relations at USPTO. In total, he has over 30 years private, public sector, in house and academic experience on IPR issues in China. This blog represents the opinions of Mark Cohen and any guest authors only and should not be construed as the position of any third party.
Some Additional Possible TRIPS Claims
I received several emails about my recent blog on possible TRIPS claims involving China. There are three additional WTO claims that have since come to mind. Each of them would also require […]
The WTO IP Cases That Weren’t
Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
USPTO Finally Travels Up the Diplomatic Staircase
According to a USPTO news release, four USPTO overseas officials have been elevated to the diplomatic rank of “Counselor”. Efforts to elevate the PTO position overseas took over 13 years of work.
RCEP And Phase 1: Strange Bedfellows in IP
RCEP and the Phase 1 Trade Agremeent are strange historical bedfellows, joined by common approaches to IP that diminish its role as a private right. The differences between the two agreements are also significant. The Phase 1 Agreement explicitly contemplated a Phase 2 Trade Agreement. It also only involved one country. RCEP intends to be comprehensive and regional, if not global. It is an alternative to the TPP. It will help China establish global IP norms.
China IPR, Thanksgiving and “The Room Where It Happens”
“No one really knows how the game is playedThe art of the trade… no one else is in The room where it happens.” (Lin Manuel-Miranda, from the musical “Hamilton”) I never met […]
Three New Reports Proposing Policies for China Engagement
Three reports were recently released on Chinese law, Chinese science cooperation and US-Chinese relations with recommendations for the incoming administration. Here is a summary: The Brookings Institution’s report “The Future of US […]
Treating the “Foreign” Differently in Trade Secret Enforcement
Both the proposed amendments to the Criminal Law and the administrative rules on trade secret enforcement establish differential treatment for trade secret enforcement when a foreign element is involved
Former SIPO DG Yin Xintian Has Passed Away
Yin Xintian 尹新天 , the former Director General of the Law and Treaty Department of the State Intellectual Property Office, has passed away,
Upcoming China Pharma IP Program
The Berkeley Center for Law and Technology will be launching a five-part webinar series on “Innovation, Regulation in the Life Sciences” on November 17 from 4:30-6:00 PM. The launch program is devoted to “China’s Emerging Regime for IP In the Life Sciences”.
China IPR - Intellectual Property Developments in China 